HP0928, LD 1237, item 1, An Act To Prohibit Bullying in Schools

An Act To Prohibit Bullying in Schools

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §4010 is enacted to read:

§ 4010. Harassment, intimidation and bullying prevention policies

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Electronic," with respect to an act of communication, means transmitted by wire, radio, optical cable, electromagnetic means or other similar means.

B. "Harassment, intimidation or bullying" means any intentional electronic, written, verbal or physical act that:

(1) Physically harms a student or damages a student's property;

(2) Has the effect of substantially interfering with a student's education;

(3) Is so severe, persistent or pervasive that it creates an intimidating or threatening educational environment;

(4) Disparages or ridicules a race, skin color, religion, ancestry, national origin, gender, sexual orientation or mental, physical or sensory handicap or other distinguishing characteristic, although an affected student is not required to possess a characteristic under this subparagraph that is the basis for the harassment, intimidation or bullying; or

(5) Has the effect of substantially disrupting the orderly operation of the school.

2. Adoption of policy. By August 15, 2012, a school administrative unit shall adopt a policy that incorporates the revised model policy provided under subsection 4 to prevent the harassment, intimidation or bullying of any student. A policy adopted under this subsection must emphasize positive character traits and values, including the importance of civil and respectful speech and conduct and the responsibility of students to comply with the policy. A school administrative unit must communicate the policy to parents, guardians, teachers, school employees, volunteers, students, administrators and community representatives in accordance with subsection 3 and rules adopted by the commissioner under subsection 6. A school administrative unit shall designate one person in the school administrative unit as the primary contact person regarding the policy. The primary contact person must receive copies of all formal and informal complaints concerning the policy or conduct prohibited by the policy and shall implement the policy and serve as the primary contact person for the policy between the school administrative unit and parents, guardians, teachers, school employees, volunteers, students, administrators, community representatives and the department.

3. Adoption process. A policy under subsection 2 must be adopted or revised by a school administrative unit through a process that includes representation of parents, guardians, school employees, volunteers, students, administrators and community representatives.

4. Model policy. By February 15, 2012, the commissioner shall develop a model harassment, intimidation and bullying prevention policy for use by school administrative units pursuant to subsection 2. A copy of the model policy must be sent to each school administrative unit in the State and posted on the publicly accessible portion of the department's website along with any training and instructional materials related to the policy that the committee determines necessary. The commissioner may update or revise the model policy and shall post the update or revision on the publicly accessible portion of the department's website and send a copy of the update or revision to each school administrative unit.

5. School administrative units' policies. By August 15, 2012, each school administrative unit shall provide the commissioner with the school administrative unit's policy required under subsection 2 and a brief summary of any procedures, programs, partnerships, vendors or instructional and training materials relating to that policy, which must be posted on the publicly accessible portions of the department's website and school administrative unit's website. The publicly accessible portion of the department's website must provide a link to each school administrative unit's website. If a school administrative unit updates or revises a policy required under subsection 2, the school administrative unit shall provide a copy of the update or revision to the commissioner to be posted on the publicly accessible portion of the department's website and shall post the update or revision on the publicly accessible portion of the school administrative unit's website.

6. Rules. The commissioner may adopt rules regarding school administrative units' communication of policies required under subsection 2 to parents, guardians, teachers, school employees, volunteers, students, administrators and community representatives and to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

Sec. 2. Advisory committee. The Commissioner of Education shall form a school harassment, intimidation and bullying prevention advisory committee composed of representatives of parents, guardians, teachers, school employees, volunteers, students, administrators, community representatives, the Maine School Superintendents Association, the Maine Principals' Association and other interested parties. By February 15, 2012, the committee shall assist the Commissioner of Education in developing a model harassment, intimidation and bullying prevention policy to be used by school administrative units pursuant to the Maine Revised Statutes, Title 20-A, section 4010.

summary

This bill requires each school administrative unit to adopt, by August 15, 2012, a harassment, intimidation and bullying prevention policy based upon a model policy developed by the Commissioner of Education in conjunction with an advisory committee composed of representatives of parents, guardians, teachers, school employees, volunteers, students, administrators, community representatives, the Maine School Superintendents Association, the Maine Principals' Association and other interested parties. Harassment, intimidation and bullying prevention policies must be posted on the publicly accessible portions of the Department of Education's website and the respective school administrative unit's website.

HP0928 LD 1237	Second Regular Session - 125th Maine Legislature		LR 614 Item 1
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